CHAIRPERSON: Mr Mopedi, or Mr Sibeko?
MR MOPEDI: Mr Chairman, the next applicant is ...(indistinct) Mako. I think I have it here as James Sompele Masoka.
CHAIRPERSON: Which page?
ADV SANDI: It's 91, Mr Mopedi, page 91.
CHAIRPERSON: Mr Masoka, can you hear?
MR TSHABALALA: Yes.
CHAIRPERSON: Won't you please stand and give us your full names?
JAMES SOMPELE MASOKA: (sworn states)
CHAIRPERSON: Thank you, please sit down. Mr Mopedi?
EXAMINATION BY MR MOPEDI: Thank you, Mr Chairman.
Mr Masoka, you are the applicant in this matter and you have brought this application for amnesty as a former member of the Self Defence Unit for Lusaka-A, am I correct?
MR MASOKA: Yes, that is correct.
MR MOPEDI: When did you join the Self Defence Unit?
MR MASOKA: I joined SDU in 1993.
MR MOPEDI: And who was your commander?
MR MASOKA: Mosa Msimango was my commander.
MR MOPEDI: As a member of the Self Defence Unit, what were your duties?
MR MASOKA: As a member of the Self Defence Unit my duty was to patrol around the section, carry around my weapon, AK47 and inspect and monitor the situation around our section, and also monitor other sections.
MR MOPEDI: Were you ever involved in a fight as a member of the Self Defence Unit?
MR MASOKA: Yes, that's true.
MR MOPEDI: Tell us about those specific incidents in which you were involved in.
MR MASOKA: The first incident that I remember took place in 1993 at Mazibuko Street, as the previous explained about that incident.
MR MOPEDI: So you confirm what he said?
MR MASOKA: Yes, that is correct.
MR MOPEDI: So in which incidents were you involved apart from that one in Mazibuko?
MR MASOKA: One other incident I remember or I recall took place at Mshayazafe in 1994. I was present.
MR MOPEDI: Were you also involved with Mr Tshabalala, the one who has just testified?
MR MASOKA: Yes, I was present even there.
MR MOPEDI: Do you also confirm his testimony in that respect?
MR MASOKA: Please repeat your question.
MR MOPEDI: You say you were involved also at Mshayazafe Hostel with Mr Tshabalala.
MR MASOKA: Yes, that's correct.
MR MOPEDI: So my next question is, do you confirm what he has told us here?
MR MASOKA: Yes, I concur with what he has rendered to this Commission.
MR MOPEDI: Are there any further instances that you would like to tell us about?
MR MASOKA: One other incident that I remember he did touch, with regards to the gangsters, the Bad Boys that is, and the Khumalo gang, that is. I have nothing further, other than that.
MR MOPEDI: So you were also involved in disarming the gangs, confiscating arms from the gangs?
MR MASOKA: Yes, that's correct.
MR MOPEDI: In those instances that you have referred us to, did you shoot or have you ever shot anyone?
MR MASOKA: Yes, at Mandela I shot and even at Mazibuko Street, as well as Mshayazafe incident. I did shoot at those two incidents.
MR MOPEDI: You shot. My question is, did you shoot anyone that you can tell us about?
MR MASOKA: In actual fact I won't be in a position to have the knowledge as to what happened after I shot. I know for a fact that I did pull the trigger. And as I prepared myself to shoot, I intended to kill because the person who will be shooting at me, it was also his intention to kill me.
MR MOPEDI: But now you cannot say with certainty that you killed someone or you injured someone, what you know is that you shot?
MR MASOKA: Yes, that's true.
MR MOPEDI: And the possibility is that you might have shot someone or even injured someone?
MR MASOKA: Yes, that I will not repudiate.
MR MOPEDI: And the people that you were fighting, that you were shooting at, who were they, were those people IFP people?
MR MASOKA: Yes, those were IFP members and colluding with the ISU in their deeds.
MR MOPEDI: So you are applying for amnesty in respect of those acts that you have committed?
MR MASOKA: Yes, that is so, I am applying for amnesty for all the heinous deeds I committed in the past and also being found with an unlicensed firearm and the activities that I took part in with regards to the Bad Boys and Khumalo gang.
MR MOPEDI: And do were you given a firearm, an AK47, is that correct?
MR MASOKA: Yes, that's correct.
MR MOPEDI: ...(indistinct)
INTERPRETER: The speaker's microphone is not on.
MR MOPEDI: Thank you, Mr Chairman.
What did you eventually do with the firearm?
MR MASOKA: In 1994 I took my, or rather we took our firearms to Thokoza stadium where we were being called to take them to. I was with my commander by the name of Mosa.
MR MOPEDI: When you shot, what was your intention? Was your intention to kill or what was your intention?
MR MASOKA: Yes, I would agree and say my intention as I shot was to kill because they were also maintaining the same intention, to shoot to kill.
CHAIRPERSON: Are there any further questions?
MR MOPEDI: No further questions, thank you, Mr Chairman.
NO FURTHER QUESTIONS BY MR MOPEDI
CHAIRPERSON: Thank you. Cross-examination?
ADV STEENKAMP: No cross-examination, thank you, Mr Chairman.
NO CROSS-EXAMINATION BY ADV STEENKAMP
CHAIRPERSON: Thank you.
CHAIRPERSON: Ja, I assume you don't have anything else?
MR MOPEDI: No re-examination, Mr Chairman.
NO RE-EXAMINATION BY MR MOPEDI
CHAIRPERSON: Thank you. Mr Masoka, thank you for coming, you are excused.
WITNESS EXCUSED
